In honor of Michael Roth of Quartzsite, Arizona, whose gun rights were revoked simply because he called someone a "turd."

Aside from the obvious First Amendment issue, there is no provision in Arizona Injunction law allowing courts to take away your gun in a Civil Injunction! Having proved this once in court, having petitioned the Supreme court twice, now a federal civil rights lawsuit, suing the Justices of the Arizona Supreme Court to force them to obey the law.

Saturday, December 24, 2011

Tom Horne - Wrong on Quartzsite, Michael's Law. Arizona?

Let the record show that Arizona Attorney General Tom Horne blew it. He is on the wrong side of Quartzsite. He's currently on the wrong side of Michael's Law. That means he's on the wrong side of Arizona and your rights. (Remember that when he runs for Governor.)

You see, about a year before Jennifer Jones became famous and before the citizen advocacy in Quartzsite was in the pubic spotlight, Michael Roth—the same man who had his 2nd Amendment rights revoked for calling Councilman Joe Winslow a turd—had also been falsely arrested for speaking at a townhall meeting. Just like Jennifer Jones, But the video of Michael Roth didn't go viral. (The advantage of being a girl we suppose.)

Michael was charged with three criminal counts: resisting arrest plus two counts of disorderly conduct.

Arguably misdirected by Judge Michael Burke on what the First Amendment really says (wow - just like cheating judge Mary Hamm!), Michael was found guilty by a jury of the last two counts of disorderly conduct. (Jury Nullification, people! Juries are the final Check & Balance in a tyrannical system run by tyrannical judges.)

Fortunately for Micheal Roth, there was video of what really happened at the meeting. So Michael appealed and, just a few days ago, the Arizona Court of Appeals vacated both sentences!

Unfortunately, the appellate judges (Margaret H Downie, Peter B Swann, & Donn Kessler) wimped out and did not correct Judge Burke on the First Amendment. (See Para 15.) So, un-rebuked, Judge Burke will do it again to you.

You know, Mr. Horne could have decided not to prosecute Micheal Roth. There was no case. This wasn't even close! But he did not uphold the Constitution. Instead, he prosecuted an innocent man. (Makes you wonder how many other innocent men have been wrongly convicted? Eh, Mary Hamm?)

Which brings us to the present.

Presently in the Ninth Circuit Court of Appeals is Michael's Law. This is a federal civil rights lawsuit challenging an unconstitutional Rule the Justices of the Arizona Supreme Court wrote in an internal handbook of theirs which they use to unconstitutionally revoke your 2nd Amendment right in a civil injunction. As when you call a Councilman a turd. Or if you blog about a woman and that woman doesn't like the truth. The judges put your name in the FBI's National Crime Information Database, listing you as a CRIMINAL Domestic Violence offender! All via a civil mater, before you even have a trial!

Mr. Horne, TEAR DOWN THIS WALL! You should not be defending the Justices of the Arizona Supreme Count in an unconstitutional action. Hey, rightly or wrongly, by law you're their "legal adviser." Advise them they are in violation of the law.

Further, your primary duty is to the Constitution, the Executive and Legislative branches of Arizona government. Oh yes . . . and "we, the people."

But go ahead. Take up another bad cause against Michael Roth. While we realize the people have short memories, the Internet is forever.

Suing two cheating judges and a cheating prosecutor + a religious twist

The civil rights law Congress gave us says you can sue "Every person" who deprives you of a civil right under the color of law. The law goes back to the civil rights era and the Ku Klux Klan.

Sadly, as in Orwell's Animal Farm, judges say that "every person" doesn't mean them. And it doesn't mean prosecutors. Judges say that they have "absolute immunity." (What, there were no biased KKK white judges in the Deep South in the 60's?)

This has got to stop. In essence, this policy by judicial fiat is a deprivation of the our First Amendment right to redress for grievances. So, let's "Redress for Success!" (Even Liberal Law Professor / Dean Erwin Chemerinsky is sympathetic!)

To wit, there's proof that one judge tampered with a court file (a felony in Arizona, but Yavapai County prosecutor Sheila Polk is obstructing justice and Arizona AG Tom Horne's staff wouldn't touch it), suspended the rules of court procedure, acted as attorney at trial for one of the parties, and so on. The other judge "un-recused" himself to cover for the first!